Robertson v. Doug Ashy Building Materials, Inc.
77 So. 3d 323
La. Ct. App.2011Background
- Plaintiffs sue for mesothelioma damages from Harris Robertson's asbestos exposure (1960s-1980s) to products including Georgia-Pacific's finishing compounds; defendants include Georgia-Pacific, Union Carbide, and Sherwin-Williams; Georgia-Pacific moved for summary judgment on exposure; patients relied on co-worker testimony and product history; trial court granted summary judgment and dismissed with prejudice under Article 1671; plaintiffs later attempted to introduce Dr. Mark's causation affidavit; judgment ultimately reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court legally dismissed with prejudice under Art. 1671 | Dismissal with prejudice improper after request for non-prejudicial dismissal | After appearance, dismissal with prejudice appropriate | Yes, improper to base on 1671; reversal likely and remand needed. |
| Whether Georgia-Pacific’s summary judgment was proper on exposure issue | Plaintiffs showed material exposure evidence; no medical causation needed at this stage | Motion challenged exposure; no genuine exposure proven | Erroneous; genuine issue of material fact regarding exposure existed. |
| Whether Dr. Mark's causation affidavit should be given weight | Affidavits raise genuine causation questions | Affidavit not properly before court; not timely or properly signed | Trial court erred in not considering the affidavit; remand necessary. |
| Whether Dr. Mark’s testimony was improperly limited to single-thread causation | Exclude only specific causation issues; full causation testimony allowed | Testimony limited to non-substantial exposure issues | Limitations improper; remand to consider full causation testimony. |
| Whether the record supported summary judgment given the evidence presented | Evidence showed substantial exposure to Georgia-Pacific products | Evidence insufficient for exposure and causation | Judgment reversed; case remanded for proceedings consistent with the opinion. |
Key Cases Cited
- Rando v. Anco Insulations Inc., 16 So.3d 1065 (La. 2009) (establishes substantial factor causation standard in asbestos cases)
- Torrejon v. Mobil Oil Company, 876 So.2d 892 (La.App. 4th Cir. 2004) (reiterates causal link between asbestos exposure and disease)
- McAskill v. American Marine Holding Company, 9 So.3d 264 (La. App. 4th Cir. 2009) (establishes mesothelioma causation principles)
- Torrejon v. Mobil Oil Company (see above), 876 So.2d 892 (La.App. 4th Cir. 2004) (see Torrejon entry)